The Social Care Wales (Specification of Social Care Workers) (Registration) (Amendment) Regulations 2020

Made: 11 March 2020

Coming into force: 1 April 2020

In accordance with section 187(2)(n) of that Act, a draft of this instrument has been laid before, and approved by a resolution, of the National Assembly for Wales.

Title, commencement and interpretation

1

• (1) The title of these Regulations is the Social Care Wales (Specification of Social Care Workers) (Registration) (Amendment) Regulations 2020.

• (2) These Regulations come into force on 1 April 2020.

• (3) In these Regulations, “the 2016 Regulations” means the Social Care Wales (Specification of Social Care Workers) (Registration) Regulations 2016[^f00002].

Amendment of the 2016 Regulations

2

• (1) The 2016 Regulations are amended as follows.

• (2) In regulation 2 (interpretation), in the appropriate place insert—

• “care home service” (“gwasanaeth cartref gofal”) has the same meaning as that given in section 2(1)(a) of, and paragraph 1 of Schedule 1 to, the Act, subject to regulation 2 of the 2017 Regulations;

• “employment” (“cyflogaeth”) has the same meaning as in section 230(5) of the Employment Rights Act 1996[^f00003] and includes individuals employed whether as an employee or worker;

• “residential family centre service” (“gwasanaeth canolfan breswyl i deuluoedd”) has the same meaning as that given in section 2(1)(c) of, and paragraph 3 of Schedule 1 to, the Act, subject to regulation 4 of the 2017 Regulations;

• (3) In regulation 3 (specification of social care workers)—

• (a) in paragraph (2)—

• (i) for sub-paragraph (b) substitute—

(b) who in the course of their employment with a service provider, provide care and support to any person in Wales in connection with— (i) a care home service provided wholly or mainly for adults, (ii) a care home service provided wholly or mainly for children, (iii) a secure accommodation service within the meaning of paragraph 2 of Schedule 1 to the Act, (iv) a domiciliary support service in order to provide care and support to a person referred to in paragraph 8(1) of Schedule 1 to the Act, or (v) a residential family centre service, provided by that provider;

• (ii) after sub-paragraph (b) as substituted by these Regulations insert—

(bb) who under a contract for services, provide care and support to any person in Wales in connection with— (i) a care home service provided wholly or mainly for adults, (ii) a care home service provided wholly or mainly for children, (iii) a secure accommodation service within the meaning of paragraph 2 of Schedule 1 to the Act, (iv) a domiciliary support service in order to provide care and support to a person referred to in paragraph 8(1) of Schedule 1 to the Act, or (v) a residential family centre service, provided by a service provider;

• (iii) omit sub-paragraph (d);

• (b) omit paragraph (3).

Signed

Julie Morgan — Deputy Minister for Health and Social Services under authority of the Minister for Health and Social Services, one of the Welsh Ministers — 11 March 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Section 80(1)(a) and (b) of the Regulation and Inspection of Social Care (Wales) Act 2016 (“the Act”) require Social Care Wales to keep a register of social workers and social care workers of any other description specified by the Welsh Ministers in regulations.

The Social Care Wales (Specification of Social Care Workers) (Registration) Regulations 2016 (“the 2016 Regulations”) specify the descriptions of social care workers for whom a register must be kept.

These Regulations amend regulation 3 of the 2016 Regulations by substituting paragraph (2)(b) and inserting a new paragraph (2)(bb) to provide that a register must be kept by Social Care Wales of individuals who are employed (whether as an employee or a worker), or engaged under a contract for services to provide care and support in connection with a care home service provided wholly or mainly to adults, a care home service provided wholly or mainly for children, a secure accommodation service, a domiciliary support service or a residential family centre service.

The requirement for Social Care Wales to keep a register of individuals employed or engaged under a contract for services in connection with a care home service provided wholly or mainly to adults and a residential family centre services is added by these Regulations.

The requirement for Social Care Wales to keep a register of individuals in connection with a care home service provided wholly or mainly for children and a secure accommodation service, is extended by these Regulations to require the registration of individuals engaged under a contract of services (including agency workers) in addition to individuals who are employed by the service provider.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Department of Health and Social Services, Welsh Government, Cathays Park, Cardiff, CF10 3NQ.

Footnotes

[^f00001]: 2016 anaw 2.

[^f00002]: S.I. 2016/1235 (W. 293), amended by S.I. 2018/192 (W. 43).

[^f00003]: 1996 c. 18.